Principle Of Faith Research Articles

ANALISIS KONSEP PEMIMPIN IDEAL DALAM PERSPEKTIF IMAM AL-GHAZALI (AT-TIBRU MASBUK FII NASHIHATI AL-MULUK)

A leader must be an effective leader. The goal shared by all leaders is the same, which is to be able to guide people to a better life and help solve problems in the organization or community. The research methodology uses the qualitative method of Literature Review systematically the relevance of the data determined. The primary data source of At-Tibru Masbuk Fii Nashihati Al-muluk by Imam Al-Ghazali and the secondary data source of the work are still continuous. An Islamic leader, that is the criterion of an ideal leader, namely: having knowledge, perfection of the five senses, ability, maturity, male, progressive, independent, justice, ahead of the pious person. A leader according to Imam Al-Ghazali there are 1) Principles of Faith, 2) Points of Justice include the Points of justice, not committing tyranny, being close to scholars, educating, not being arrogant, not betraying, not ignoring the needs of society, not greedy, not authoritarian, loving his religion, not seeking the pleasure of the people who are not in accordance with the teachings of the Shari'a. Collaborative governance in eradicating corruption cases in Indonesia requires structured cooperation between government, private and community institutions through personal dialogue, trust building, commitment to the process, mutual understanding, intermediate results

Good Faith in Construction Contract: A Common Law Perspective

The good faith principle requires contracting parties to be honest as well as consideringtheir contracting partners in performing their contractual duties. In the event, contract clauses are insufficient to protect the interests of the innocent party in a breached contract, the said innocent party may rely on the good faith principle to ensure the fair. However, applying good faith principles to construction contracts is a difficult task. By nature, construction contracts are unique due to the fact that parties (Client and Contractor) are presumed competent to carry out their parts of the contractual obligations. Controversially, the construction contract is often unfairly prejudicial as the Client would customarily have the upper hand in deciding the terms and conditions of a contract. It is the objective of the research to examine the relevancy of application of good faith principle in construction contractsby employingqualitative content analysis. This study adopts a qualitative research approach, mainly employing library and internet resources with the intention to explore relevant legislation, textbooks, journals, research papers and articles.The comparative approach in this paper used content analysis from primary and secondary legal resources of different jurisdictions in the United Kingdom, Malaysia and Australia to compare the application of the good faith principle in the context of construction contracts. The findings of the research revealsthat the adoption and application of the good faith principle in construction contracts is of limited usage even though it is widely usedin general contract law of United Kingdom, Malaysia and Australia.This article contributes to the knowledge of the good faith principle in construction contracts, particularly with standard form contracts, by highlighting the importance of the good faith principle in achieving a fairer functioning of construction contracts in its application.

Hadith Ahad and Its Argumentation in the Problem of Faith in the Perspective of Muhammad Al-Ghazali

Differences of opinion among the scholars, one of which is Muhammad Al-Ghazali in his control of Sunday hadiths and statements related to Sunday hadiths, should not be relied upon in matters of faith because they are not qat'iyyah al thubut, which raises many doubts, so their validity needs to be studied. This study discusses the blasphemy of ahad hadith from Al-Ghazali's perspective. This research is included in the category of qualitative research that utilizes literature study techniques. Document data comes from library documents, both primary and secondary. This study is expected to be able to provide answers regarding the blasphemy of Sunday hadith against Islamic teachings from the perspective of Muhammad Al-Ghazali. The results of this study show that Al-Ghazali expressed his rejection of the blasphemy of ahad hadith in matters of faith. First, the ahad hadith, even though the sanad is valid, is unable to convey faith and truth but is in the form of assumptions or conjectures. Second, when it comes to the principle of faith, of course everything must be based on strong evidence, not speculation

Good Faith Principles in International Business Contract Law

This study aims to analyze the principles of good faith in international business contract law. The results showed that the principle of good faith is an honest transaction which has 3 main elements, namely: First, good faith and honest transactions as the basic principles underlying the contract; Second, the principles of good faith and honest transactions in the UPICCS (UNIDROIT Principles of International Commercial Contracts) emphasize the practice of international trade; Third, the principles of good faith and honest transactions are compelling. The objective is to encourage the application of the principles of good faith and fair dealing in all international commercial transactions. The manifestation of efforts to promote legal harmonization can be seen when contracts or national laws do not find the necessary rules, or there is a legal vacuum (gaps), so the principles of UNIDROIT (The International Institute for the Unification of Private Law) can be used as a reference.

The Law of the Gospel: Shifting Interpretations of a Temple Covenant throughout Latter-day Saint History

The Law of the Gospel: Shifting Interpretations of a Temple Covenant throughout Latter-day Saint History

Description of the State of the Polytheists in Surat Al-An’am - an Objective Study -


 
 
 
 ABSTRACT
 
 The name Al-An’am was given to this surah because of the verses that were mentioned in it that talk about livestock, and it is the first Meccan surah in the order of the Qur’an. The number of its verses is 165 verses, it was revealed at the beginning of the Islamic call, and from the merits of this surah is that it is the first surah that was revealed to the heart of the Messenger, may God bless him and grant him peace, all at once. At once, seventy thousand angels spread it, and this surah can be called the surah al-Tawhid or the surah of the beliefs of Islam, as it is the first pillar of the Islamic faith and from it the scholars extracted the rules of monotheism and the principles of religion. The surah dealt with important issues in the principles of faith, namely the issue of divinity, mission, resurrection, and recompense. It included two important methods, namely, the method of teaching the Messenger, may Allah’s prayers and peace be upon him, the argument to argue with the polytheists, and the method of reporting by presenting evidence related to monotheism and evidence of Allah’s power. The surah gradually dealt with issues, beginning with how the universe came into being and the stages of its creation , and confronted the infidels who were suspicious of Allah Almighty, and concluded by revealing the mission of man on this earth, which is the succession of the earth and its reconstruction.
 
 
 

Regulations Development Concerning Good Faith Principles in Land or House Purchase Agreements in Indonesia: Is It Important for Good-Faiths Buyers?

The need for housing in Indonesia continues to grow and to meet these basic needs, many housing development companies offer models, facilities, and convenient payment methods. If the prospective buyer and developer have agreed, it will be stated in the form of a house and or land sale and purchase agreement that puts forward good faith principles. This study uses a normative juridical method and was supported by in-depth interviews with legal experts, and practitioners, showing that: 1) Land and or house buyers are generally economically weak, have legal control, and in various aspects often side with the aggrieved and disadvantaged parties in the judicial process in the court; 2) Legal protection for buyers with good faith is carried out in two ways, namely; preventive methods or legal protection are regulated by positive law and or clauses contained in the agreement. The repressive method of the buyer can directly demand the developer to fulfill all his obligations or through the Consumer Protection Agency and all methods must prioritize the principle of deliberation. If it is not successful, you can use litigation to a lawsuit file to a court that is examined and tried based on the criteria set out in the Circular er of the Supreme Court Republic of Indonesia, namely; Supreme Court Republic of Indonesia Number 7 of 2012, and The Supreme Court Republic of Indonesia Number 4 of 2016. Keywords: regulation development, good faith, land or house, purchase agreement, Indonesia DOI: 10.7176/JLPG/130-05 Publication date: March 31 st 2023

Utmost good faith principle in Indonesian insurance law as a legal reason to harm the insured party

The principle of utmost good faith has been recognized as one of the essential principles in insurance, and its practice in other countries has been fairly applied to both parties. It is suspected that this insurance principle in regulation and its implementation in Indonesia only burdens one unilateral. Therefore, this study aims to prove the allegation that the principle of utmost good faith favors only the insurer and its application in dispute resolution directed at harming the insured party. This study uses a case study approach, with five insurance legal cases in the form of court decisions as purposively selected objects. Qualitative analysis (content analysis) was then carried out to obtain data: data codification, data presentation, and conclusions/verification. The principle of utmost good faith is regulated by the following documents of Indonesian insurance law: Indonesian Commercial Law Code, Act No.7/1992 and Act No.40/2014. The results showed that the utmost good faith principle in several Indonesian insurance regulations is more in favor of insurance companies. The insurance company always utilizes Article 251 of the Indonesian Commercial Law Code or the utmost good faith principle as a shield to commit fraud, and refuses to fulfill its legal liability with the aim of harming the insured. AcknowledgmentsWe thank to the Ministry of Education, Culture, Research and Technology of the Republic of Indonesia for supporting and funding this research until it was completed on time.

PENTAFSIRAN AKIDAH DALAM SURAH AL-FATIHAH MENURUT PEMIKIRAN HJ. MUHAMMAD SA’ID BIN ‘UMAR

Tafsir Nur al-Ihsan is the earliest Malay-language tafsir book that was printed in 1934. This book was written by Hj. Muhammad Sa’d bin ’Umar (d. 1932 AD) presented the interpretation of Surah al-Fatihah as an introduction to the book as is common with the content of other books of interpretation. The interpretation is still general and requires a study to see if it contains the facts of faith and is appropriate to be practiced within the framework of Ahl al-Sunnah wa al-Jama’ah. This study aims to explain the interpretation of Surah al-Fatihah Hj. Muhammad Sa’id in focus of faith. Next, the role of the study is to analyze the beliefs that should be used as guidelines in Muslim life. This study is important in proving that the interpretation of Surah al-Fatihah is always consistent in explaining the principles of faith that are compatible with the apparent content of its verses. Knowledge related to fiqh and tasawwuf is not the main container in the early stages of interpreting the book Tafsir Nur al-Ihsan. This qualitative study applies the inductive method by identifying and gathering the facts of belief from the content of the interpretation of Surah al-Fatihah. The descriptive method is carried out to analyze the facts of belief in the aspect of emphasis of belief, comparison of facts between sources of interpretation and then formulate the emphasis of belief. The findings of the study show that the interpretation of Surah al-Fatihah contains principles of belief that are parallel to the Pillars of Faith. Belief in Allah S.W.T is always emphasized in every verse based on the appearance of the verse and has similarities with some books of al-ma’thur interpretation such as Tafsir Ibn Kathir and Tafsir al-Tabari. The study found that the emphasis on belief is in line with the teachings of Ahl al-Sunnah wa al-Jama’ah. Although the method of interpretation is simple without long debates, readers of tafsir have the opportunity to gain a clear and authentic knowledge of the faith behind the interpretation of Surah al-Fatihah.

An inside view: Reflections of a jail chaplain

Reflecting on my 35 years as a chaplain in a large county detention facility, serving as a chaplain was my call, my passion, my frustration, and my pain. I am struck by the importance of respect in the lives of those who are incarcerated. Respect, both personal and systemic, is essential for facilitating healthy relationships and spiritual development among prisoners. When respect is lacking, prisoners are subjected to dehumanizing conditions, physical and mental health problems, and an ongoing environment of violence. Staff members also experience the negative effects of a disrespectful environment, leading to job dissatisfaction and burnout. Our communities’ responses to crime often focus on humiliation, isolation, and punishment, which perpetuates desperate coping mechanisms such as substance abuse, poverty, and violence. This approach only serves to further dehumanize people who are incarcerated. Providing opportunities for prisoners to form healthy relationships while in custody is essential for their rehabilitation and reentry into society. It also allows local faith communities to practice their faith principles of mercy, forgiveness, and compassion by reaching out to those people who are often forgotten and marginalized.

면책 주장과 기판력 및 청구이의의 소

Once a judgment has been finalized on a cause of action, parties are precluded from raising pleadings in support of, or defense to avoid the cause of action, which have existed prior to the final judgment but have not been submitted during the litigation. In the same vein, debtor cannot bring up pre-existing defense to object the execution based on the final judgment(Civil Execution Code Article 44②). During the lawsuit brought by the creditor seeking for monetary payment of his/her claim, if the debtor has not raised the fact that he/she has already been discharged, could the debtor later file an objection suit against the execution claiming that he/she has been discharged? The Supreme Court allowed this in 2017Da286492 case.
 In order to offer strong protection to the debtor, the Supreme Court analogized discharge to qualified acceptance of inheritance, and took the same approach. Namely, the scope of liability is irrelevant to the cause of action, and unless it is raised by the parties during the litigation, it does not become a matter to be decided upon, and therefore bringing up the issue of discharge, which releases the debtor from liability, is not precluded by res judicata effect of the prior judgment. However, the Supreme Court case law regarding qualified acceptance of inheritance is inconsistent and does not conform with the jurisprudence in procedural rules. Such conclusion was inevitable in the case of qualified acceptance of inheritance, as it was necessary to protect the heir who had to inherit the decedent’s debt which he/she was unaware of and had no reasons attributable to. On the other hand, the rationale for the debtor is less compelling, since it was his/her debt which he/she was supposed to be liable with his/her entire asset, yet has been discharged due to special consideration. Also, the substantive and procedural treatment regarding discharge is quite different from that of the qualified acceptance of inheritance. Moreover, 2017Da286492 judgment forces the creditor to relitigate on the same issue just because the debtor did not submit discharge defense during the prior lawsuit.
 In order to maintain procedural fairness and legal certainty, in principle the debtor should not be allowed to bring up pre-existing discharge defense in order to file an objection suit against execution because it is precluded by the res judicata of the prior judgment. As for the exceptional cases in which the debtor needs to be protected, good faith principle could be applied and the special circumstances of the debtor should be considered as a factor.

Writing Assessment Construction for Madrasah Teacher: Engaging Teacher Faith and Identity Processes

The development of students' academic achievement in the field of Indonesian language is very urgent and for that a writing assessment is needed. The aims of this study is to analyses the involvement of faith and the identity attribution of Indonesian language teachers in developing writing assessments in madrasah. This study uses a phenomenological approach. This study are involving twenty Indonesian teachers in madrasah and conducting in-depth interviews to reveal the narrative of teachers' practices in developing writing assessments. The collected data using first experiences with informants and their reactions to those experiences, a semi-structured interview schedule was used. This study uses thematic analysis to examine the holistic meaning of phenomena through the description of subjective perceptions. The result of study shows involvement of personal morality and religiosity, attribution of identity when assessing, plays a role in the development of writing assessments in Indonesian language and literature in madrasah. The application of faith principles is the main link in the development of writing assessments, in addition to attribution of the identity of God-given personality to the assessment of writing Indonesian language and literature. The identity and writing assessment abilities of Indonesian language teachers develop with various variants, and students' skills and mastery of material also develop in improving literacy, as well as their academic achievements. In conclusion, the results of this exploratory study show that faith and personal identity attribution can develop writing assessments in the Indonesian language field.

Good Faith Principles Application in Property Trading Business Agreements

The business practice of property service users in Denpasar City makes an agreement that begins with a standard agreement of cooperation that does not provide a balance of interests for the parties leading to a reaction that leads to the need to be given a proper place for the existence of the principles of good faith and propriety in the making and implementation of the agreement. So it is necessary to conduct a study on 1) How to implement the application of the principle of good faith in the implementation of business agreements for trade intermediary business actors in the city of Denpasar and 2) What are the forms of legal accountability of trade intermediary business actors to the parties related to the default of business agreements in Denpasar City. The method used in this study is a type of empirical normative legal research with a direct review approach to the field. The application of the principle of good faith in business agreements in the property trading business in Denpasar City has not been carried out properly, as indicated by the existence of defaults. To overcome this, any problems that arise in the field of business agreements must pay attention to the terms of the validity of the agreement, and the principles or principles in contract law by applying the principle of good faith. Basically, the parties must apply the principle of good faith in carrying out business agreements in order to achieve a balance of interests between the two parties. Keywords: business transaction agreement; good faith; property; buy; sell DOI: 10.7176/JLPG/123-05 Publication date: August 31 st 2022

AN ASSESSMENT OF ORDINARY BANKRUPTCY PROCEEDINGS IN CASE OF AN ARBITRATION CLAUSE BASED ON THE JUDGEMENT OF THE GENERAL ASSEMBLY OF CIVIL CHAMBERS OF THE TURKISH SUPREME COURT

İflasa ilişkin konular, iflasın kamu düzenini ilgilendirmesi nedeniyle tahkime elverişsiz olarak kabul edilmektedir. Bununla beraber; genel iflas yolu ile yapılan takibe itiraz üzerine açılan itirazın kaldırılması ve iflas davası bakımından tahkime elverişlilik bağlamında, öğretide ve Yargıtay kararlarında çeşitli görüşler ileri sürülmüştür. Yargıtay 23. Hukuk Dairesince; itirazın kaldırılması ve iptal davasının niteliği itibariyle iki aşamadan oluştuğu, öncelikle alacağın varlığı ve alacak miktarının belirlenmesi gerektiği ve sonrasında iflas aşamasına geçilmesi gerektiği kabul edilmektedir. Alacağın varlığı ve alacak miktarının tespitinin maddi hukuka göre ayrı bir yargılama gerektirdiği gerekçesiyle; tahkim şartı uyarınca, bu yargılamanın hakem nezdinde yapılması gerektiği savunulmuştur. Öte yandan Yargıtay Hukuk Genel Kurulu tarafından bu görüşün aksi yönünde karar verilmiş olup itirazın kaldırılması ve iflas davasının birbirinden ayrılamayan prosedürler olduğu, iflas davasının kamu düzeninden olması nedeniyle tahkime elverişli olmadığı ve uyuşmazlığın genel mahkemelerde çözülmesi gerektiği belirlenmiştir. Bu çalışmada; itirazın kaldırılması ve iflas davasının bölünebilirlik konusunda niteliği ve dürüstlük kuralına aykırı olarak, tahkim şartının etkisiz hale gelmesini sağlamak üzere genel iflas yoluyla takibe başvurulup başvurulamayacağı hususları değerlendirilecektir.

The Imam’s Imamate in Sunni Sources

Followers of every Islamic school believe in a number of principles, including the belief in the Prophet’s (SAW) twelve successors and the leaders of the Islamic ummah. The significant principle of faith has its origin in successively transmitted riwāyahs narrated from the Messenger of God (SAW) and recorded in reliable sources by scholars of hadith and other disciplines from different Islamic schools. Sunni scholars have tried, based on their articles of faith, to identify the twelve successors. The findings of the present study indicate that there are certain features attested in the riwāyahs, recorded in Twelver Shia sources, that prove the perspective adopted by Shia scholars and disprove the stance adopted by Sunni scholars.

Insurance Policy Closure As The Implication of The Utmost Good Faith Principle in Life Insurance Claim Filing

Insurance Policy Closure As The Implication of The Utmost Good Faith Principle in Life Insurance Claim Filing

THE GOOD FAITH PRINCIPLE IN TRUST AND CONFIDENTIALITY ON THE ARBITRATION PROCESS

<p>This article is to demonstrate that the principle of good faith (<em>iktikad baik</em>) manifests in the principles of trust and confidentiality. Not only is good faith one of the key causes of the emergence of a dispute, it also indeed has a great influence on the success of resolving that dispute. Despite its importance, we have found that many disputing parties do not apply this principle to resolve their disputes. Even though, this principle plays a huge part on maintaining trust and confidentiality at the same time. The purpose of this paper is to increase awareness on the application of the good faith principle, noting that there are still realities where this principle is not applied. In this paper, we first elaborate on the descriptive comprehension of all these three principles. Afterwards, we observe how good faith connects with the other two principles. Through the manifestations of good faith, we have concluded that the <em>a quo </em>principle acts as a key basis for the application of the other two principles. In trust, applying good faith means making the arbitration trustworthy, whereas in confidentiality, maintaining good faith keeps the information confidential to irrelevant parties. In the conclusion, we have pointed a few concrete resolutions on maintaining the principle of good faith, trust, and confidentiality. This is found by observing the two factors that cause the realities when the principle of good faith is not applied, which consists of the normative and human factor.</p>

Kurucu Kök Metin Fıkhü’l-ekber’in Otantikliği Sorunu ve Osmanlı Ulemasının Katkısı I

İslâmî ilimlerin neredeyse tamamının temelleri hicrî birinci ve ikinci asırda atılmıştır. Hicrî birinci asırdan itibaren İslam dünyasının genişlemesiyle birlikte sözlü bilgilerin yazıya aktarılmasına yönelik kolektif bir çabanın varlığı dikkat çekmektedir. Hz. Peygamber’in s.a.v. insanlığı İslam’a daveti ile beraber yazı yazma kültüründe önceleri benzeri görülmemiş artış gözlenmiştir. İslam dini ile birlikte dünya tarih sahnesi hummalı bir yazı faaliyetine tanık olmuştur. Sözlü kültürden yazılı kültüre geçişin hızlandığı özellikle 2./8. yüzyıllarda akāid-kelâm, fıkıh ve fıkıh usûlü, tasavvuf, tefsir, hadîs ile ilgili bu ilimlerin taşıyıcısı olan dil ve din biliminin kurucu metinleri telif edilmiştir. Temel ilkeleri içeren kurucu metinler sayesinde ilimler, derinleşerek gelişme fırsatı yakalamıştır. Bir metnin kurucu ve kök sayılabilmesi için ağacın meyvesi olarak kurduğu bir sistemin olması gerekir. Bu anlamda el-Fıkhü’l-ekber, itidalli ve savunulabilir bir inanç sistemi kurmuştur. En özlü akāid metinleri ile en hacimli kelâm kitapları arasında organik bir bağ vardır. Yolun sonunda hedeflerin yazılmasından ibaret olan akîde metinleri, iman esaslarının sayılması iken, kelâm metinleri, iman gayesine götüren yolun yürüyüşünü temsil eder. Yürünecek yolları bitirerek yolun sonunu işaret eden el-Fıkhü’l-ekber, İslam düşüncesinin dönüm noktalarından ilki ve en önemlisidir. Bu çalışmada akāid ilminin kurucu metni el-Fıkhü’l-ekber’in yazarına aidiyeti bağlamında kelâm ilmine katkısı tartışılacaktır. Bu metin, İslam düşüncesinin ilerleyen safhalarında yazılacak Ehl-i sünnet kelâmına yön vermiştir. Bu çalışmada sözü edilen kurucu metnin iç ve dış bağlamlarıyla birlikte Ebû Hanîfe’ye (öl. 150/767) nispeti dirayet yönü ile teyit edilecektir. Ayrıca Osmanlı döneminde el-Fıkhü’l-ekber şerhlerindeki artışın nedeni gösterilecektir. Nitekim her bir şerh, telifin müellife aidiyetini güçlendirmektedir. Şerhlerde metnin Ebû Hanîfe’ye ait olmadığına dair tek bir cümle bulunmamakta, tam tersine aidiyetin sıhhatine vurgu yapılmaktadır. Elbette burada ilgili metnin tüm şerhlerine yer verilmeyecek, çoğunlukla baskıları yapılmış çalışmalara ağırlık verilecektir. El-Fıkhü’l-ekber’de ilahiyat, nübüvvet ve ahiret konuları yer almaktadır. Burada teolojik tartışmaların ve kelâmî kavramlar tarihine ilişkin sorunların şerhlerde ele alınış biçimi gösterilecektir. Bu makalede örnek olarak ele alınan yöntem çerçevesinde nübüvvet ve ahiret konularını ve kavramlarını yine şerhler bağlamında değerlendirilmesine yönelik ileri çalışmalara bir hazırlık yapılmış olacaktır. Burada önemle belirtilmesi gereken husus, metni şerh eden ulemadan hiçbirinin konu veya kavramın Ebû Hanîfe döneminde ele alınmadığına işaret etmemiş olmasıdır. Kaldı ki erken dönemden 7./13. Yüzyıl gibi geç döneme kadar gerek kelâm, gerekse bibliyografya kitapları el-Fıkhü’l-ekber’in Ebû Hanîfe’ye aidiyetinde herhangi bir kuşku duymamıştır.

ANALISIS KEDUDUKAN HARTA BERSAMA DALAM HUKUM ISLAM DAN KOMPILASI HUKUM ISLAM

This study discusses the analysis of the position of joint property in Islamic law and the compilation of Islamic law articles 96 and 97. The purpose of this study is to determine the position of joint property based on the view of Islamic law and compilation of Islamic law articles 96 and 97 as well as the similarities and differences in the position of joint assets according to Islam law and compilation of Islamic law. The author uses a type of library research, which is to become library material as the main data source, by writing, clarifying, and reducing data, especially those related to joint property, both in the study of compilations of Islamic law and Islamic law. The results showed that 1). The position of joint property based on the view of Islamic law can be understood that joint property is syirkah in the sense that it is a form of cooperation or partnership between husband and wife. Syirkah in joint property is a form of cooperation between husband and wife to build a sakinah, mawaddah, warahmah family, including property in marriage. Regarding this joint property, the husband or wife can act to do something or not to do something on the joint property through the agreement of both parties. 2). The position of joint property based on the view of the compilation of Islamic law articles 96 and 97 can be understood that ownership of property in marriage determines the balance between husband and wife in married life. Because they are still married. They have the same rights to the joint property. 3). Equality in the position of joint property according to Islamic law and compilation of Islamic law lies in the distribution of property, in the event of a divorce, the distribution of joint property can be carried out in peace. The division of joint property according to Islamic law and compilation of Islamic law is not absolute because in principle the philosophy in the distribution of joint property is a value that can be achieved by deliberation based on the principles of faith, justice, balance, legal protection, deliberation and compassion. While the difference lies in the concept of joint property. Islamic law does not recognize the name of joint property, Islam views that the wife gets good protection regarding physical, spiritual, moral, material, housing, maintenance costs, and the education of children is the full responsibility of the husband as the head of the family. Meanwhile, according to the compilation of Islamic law, it is explained that joint property is property obtained during marriage as joint property.

PROPHETIC INTELLIGENCE DALAM PERSPEKTIF PENDIDIKAN ISLAM

Islamic education is currently experiencing a decline, this can be seen in terms of the decline in human morals, both in educational institutions and in society. Intelligence has connectivity with the educational process as a concrete step in fostering human character as caliph fil ardh to think about all of Allah's creations. With this, the concept of prophetic intelligence provides a constructive and systematic space for delivering a good and comprehensive personality. Becoming a human being with good morals cannot be done instantly, through prophetic intelligence quoted from the Quran and al-Hadith, it is a must for the sustainability of conceptual Islamic education. According to this background, the problem that can be formulated is how is the relevance of prophetic intelligence to Islamic education today. While the aim is to find out the concept of prophetic intelligence, the relevance of prophetic intelligence to Islamic education today. The research method used is library research. The nature of the research is descriptive-analytic and the method of analysis is content analysis. The results of this study show that there are three concepts of prophetic intelligence, namely spiritual health that is free from nifaq, wickedness, and kufr as the basis for prophetic intelligence, Islamic principles by saying the creed, prayer, fasting, zakat, and hajj. The principles of faith, bermakrifat to Allah, the Angels, the Qur'an, the Prophet / Apostles, Doomsday, Qada, and Qadar. Prophetic Intelligence (Prophetic Intelligence) is very relevant in restoring existence and strengthening the foundation of the resilience of Islamic Education. With the concept of prophetic intelligence developed through spiritual health methods and planting aspects of humanization, liberation, and transcendence in Islamic education, it will help humans to have better personalities in accordance with the purpose of the Prophet Muhammad SAW revealed, namely to perfect human morals.